# EUR-Lex - 52013PC0484 - EN

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# 52013PC0484

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 1365/2006 on statistics of goods transport by inland waterways as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures /* COM/2013/0484 final - 2013/0226 (COD) */**

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EXPLANATORY
MEMORANDUM

1.           CONTEXT
OF THE PROPOSAL

The Treaty on the Functioning of the
European Union (TFEU) makes a distinction between the powers which may be delegated
to the Commission to adopt non-legislative acts of general application to
supplement or amend certain non-essential elements of the legislative act, as
laid down in Article 290(1) of the TFEU (delegated acts), and the implementing powers
which shall be conferred on the Commission where uniform conditions for
implementing legally binding Union acts are needed, as laid down in Article
291(2) of the TFEU (implementing acts).

In connection with the adoption of Regulation (EU) No 182/2011 of the European
Parliament and of the Council of 16 February 2011 laying down the rules and
general principles concerning mechanisms for control by Member States of the
Commission’s exercise of implementing powers[1], the Commission has committed itself[2] to reviewing, in light of the criteria
laid down in the TFEU, and in particular in Article 290, legislative acts which
were not adapted to the regulatory procedure with scrutiny before the entry
into force of the Lisbon Treaty.

In the context of the alignment of
Regulation (EC) No 1365/2006 of the European Parliament and of the Council of 6
September 2006 on statistics of goods transport by inland waterways[3] to the new rules of the TFEU, implementing
powers currently conferred upon the Commission by that Regulation should be
provided for by powers to adopt delegated and/or implementing acts.

2.           RESULTS
OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

There was no need for consultation of
interested parties or for impact assessment.

3.           LEGAL
ELEMENTS OF THE PROPOSAL

As regards Regulation (EC) No 1365/2006, it
is proposed to empower the Commission to adopt delegated acts in order to adapt
the threshold for statistical coverage of inland waterways transport, to adapt
the definitions and adopt additional definitions, as well as to adopt delegated
acts in order to adapt the data collection scope and the content of the Annexes.

Furthermore, it is proposed to confer implementing
powers on the Commission with a view to ensuring uniform conditions concerning
the arrangements for transmitting data to the Commission (Eurostat) including
data interchange standards and for the dissemination of results by the
Commission (Eurostat), and to developing and publishing
methodological requirements and criteria designed to ensure the quality of the
data produced, in accordance with the examination
procedure laid down in Article
5 of Regulation (EU) No 182/2011.

· Legal basis

Article 338(1) of the Treaty on the
Functioning of the European Union.

· Choice of instrument

Regulation (EU) of the European Parliament
and of the Council.

4.           BUDGETARY
IMPLICATION

The proposal has no implication for the EU
budget.

· European Economic Area

The proposed act concerns an EEA matter and
should therefore extend to the European Economic Area.

2013/0226 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Regulation (EC) No 1365/2006 on
statistics of goods transport by inland waterways as regards conferring of
delegated and implementing powers upon the Commission for the adoption of
certain measures

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 338 (1) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       As a consequence of the entry into force of the Treaty on
the Functioning of the European Union ("the Treaty”), the powers conferred
upon the Commission need to be aligned to Articles 290 and 291 of the Treaty.

(2)       In connection with the
adoption of Regulation (EU) No
182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control
by Member States of the Commission’s exercise of implementing powers[4], the Commission has committed
itself[5]
to reviewing, in the light of
the criteria laid down in the Treaty,
legislative acts which were not adapted to the regulatory procedure with scrutiny
before the entry into force of the Lisbon Treaty.

(3)       Regulation (EC) No
1365/2006 of the European Parliament and of the Council of 6 September 2006 on
statistics of goods transport by inland waterways[6] confers powers upon the
Commission in order to implement some of the provisions of this Regulation.

(4)       In the context of the
alignment of Regulation (EC) No1365/2006
to the new rules of the TFEU, implementing powers currently conferred upon the
Commission should be provided for by powers to adopt delegated and implementing
acts.

(5)       As regards Regulation (EC)
No 1365/2006, in order to take account of economic and technical trends, the
power to adopt acts in accordance with Article 290 of the Treaty should be
delegated to the Commission concerning the adaptation of the threshold for
statistical coverage of inland waterways transport, adaptation of the
definitions and the adoption of additional definitions. In addition, the
Commission should be empowered to adopt delegated acts in order to adapt the
data collection scope and the content of the Annexes.

(6)       The Commission should
ensure that these delegated acts do not impose a significant additional
administrative burden on the Member States or on the respondent units.

(7)       It is of particular importance
that the Commission carry out appropriate consultations during its preparatory
work, including at expert level. The Commission, when preparing and drawing-up
delegated acts, should ensure a simultaneous, timely and appropriate
transmission of relevant documents to the European Parliament and to the
Council.

(8)       In order to ensure uniform
conditions for the implementation of Regulation (EC) No 1365/2006, implementing
powers should be conferred upon the Commission to adopt arrangements for
transmitting data including data interchange standards, for the dissemination
of results by the Commission (Eurostat) and also to develop and publish
methodological requirements and criteria designed to ensure the quality of the
data produced. Those powers should be exercised in accordance with Regulation
(EU) No 182/2011.

(9)       In accordance with the
principle of proportionality, it is necessary and appropriate for the
achievement of the basic objective of the alignment of the powers conferred
upon the Commission to Articles 290 and 291 of the Treaty to lay down rules on
such alignment in the domain of transport statistics. This Regulation does not
go beyond what is necessary in order to achieve that objective, in accordance
with Article 5(4) of the Treaty on the European Union.

(10)     In order to ensure legal
certainty, it is necessary that the procedures for the adoption of measures
which have been initiated but not completed before the entry into force of this
Regulation are not affected by this Regulation.

(11)     Regulation (EC) No
1365/2006 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article
1

Regulation (EC) No 1365/2006 is amended as
follows:

(1) 
In Article 2, the following paragraph 5 is
added:

'5.        The Commission shall be
empowered to adopt delegated acts, in accordance with Article 9, taking account
of economic and technical trends, concerning the adaptation of the threshold
for statistical coverage of inland waterways transport.'

(2) 
In Article 3, the following subparagraph is
added:

'The Commission shall be empowered to adopt
delegated acts in accordance with Article 9, taking account of economic and
technical trends, concerning the adaptation of the definitions and the adoption
of additional definitions.'

(3) 
In Article 4, the following paragraph 4 is
added:

'4.        The
Commission shall be empowered to adopt delegated acts in accordance with
Article 9, taking account of economic and technical
trends, concerning the adaptation of the data collection scope and the
content of the Annexes.'

(4) 
In Article 5, paragraph 2 is replaced by the
following:

'2.        Arrangements
for transmitting data to the Commission (Eurostat), including data interchange
standards, shall be adopted by the Commission in accordance with the
examination procedure referred to in Article 10(2).'

(5) 
In Article 6, the following subparagraph is
added:

'Arrangements for the
dissemination of results shall be adopted by the Commission in accordance with
the examination procedure referred to in Article 10(2).'

(6) 
In Article 7, paragraph 1 is replaced by the following:

'1.        The Commission shall adopt the methodological
requirements and criteria designed to ensure the quality of the data produced in accordance with the examination procedure referred to in Article
10(2).'

(7) 
Article 9 is replaced by the following:

'Article
9
Exercise of delegated powers

1.         The power to adopt delegated
acts is conferred upon the Commission subject to the conditions laid down in
this Article.

2.         When exercising the powers
delegated in Article 2(5), Article 3 and Article 4(4), the Commission shall
ensure that the delegated acts do not impose a significant additional
administrative burden on the Member States and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 2(5), Article 3 and Article 4(4) shall be conferred
on the Commission for an indeterminate period of time from (Publication office
: please insert the exact date of the entry into force of the amending
Regulation).

4.         The delegation of power referred
to in Article 2(5), Article 3 and Article 4(4) may be revoked at any time by
the European Parliament or by the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not
affect the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 2(5), Article 3 and Article 4(4) shall enter into force only if no
objection has been expressed either by the European Parliament or the Council
within a period of two months of notification of that act to the European
Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed
the Commission that they will not object. That period
shall be extended by two months at the initiative of the European Parliament or
the Council.'

(8) 
Article 10 is replaced by the following:

'Article
10
Committee

1.         The Commission shall be assisted
by the European Statistical System Committee established by Regulation (EC) No
223/2009 of the European Parliament and of the Council of 11 March 2009 on
European statistics(*). That committee shall be a committee within the meaning
of Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning
mechanisms for control by Member States of the Commission’s exercise of
implementing powers(**).

2.         Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

______________

(*) OJ L 87, 31.3.2009, p. 164.

(**) OJ L 55, 28.2.2011, p. 13.'

(9)        Annex G is deleted.

Article 2

This Regulation shall not affect the
procedures for the adoption of measures provided for in Regulation (EC) No
1365/2006 which have been initiated but not completed before the entry into
force of this Regulation.

Article 3

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               OJ L 55, 28.2.2011,
p.1.

[2]               OJ L 55, 28.2.2011, p.19.

[3]               OJ L 264, 25.9.2006, p.1.

[4]               OJ L 55, 28.2.2011,
p. 13.

[5]               OJ L 55, 28.2.2011, p. 19.

[6]               OJ L 264, 25.9.2006, p.1.